Satheesh @ Partha v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2022
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.NO.1338 OF 2021 Satheesh @ Partha
...Petitioner
Vs.
1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Commissioner of Police / Detaining Authority, Tiruppur District, Tiruppur.
3. The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.
4. State rep. by its The Inspector of Police, Thirumuruganpoondi Police Station, Tiruppur District.
...Respondents
Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the entire records, relating to the petitioner detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 29.07.2021 on the file of the second respondent herein made in proceedings Memo C.No.36/G/IS/Tiruppur City/2021, quash the same as illegal and consequently direct the respondents herein to produce the petitioner namely Satheesh @ Partha, S/o.Sathasivam, aged 24 years before this Hon'ble Court and set the petitioner at liberty from detention, now the petitioner detained at Central Prison, Coimbatore.
For petitioner :
Mr.W.Camyles Gandhi For respondents :
Mr.R.Muniyapparaj, Additional Public Prosecutor.
O R D E R
[Order of the Court was made by R.HEMALATHA, J.] The detenu himself is the petitioner herein. He has been detained by the second respondent by his order dated 29.07.2021 in Memo C.No.36/G/IS/Tiruppur City/2021, holding him to be a "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.
3. Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner would mainly focus his argument on the ground that there is gross violation of procedural safeguards, which would vitiate the detention. The learned counsel, by placing authorities, submitted that the representation made by the petitioner was not considered on time and there was an inordinate and unexplained delay.
4. The learned Additional Public Prosecutor filed his counter affidavit and strongly opposed the Habeas Corpus Petition. He would submit that though there was delay in considering the representation, on that score alone, the impugned detention order cannot be quashed. According to the learned Additional Public Prosecutor, no prejudice has been caused to the detenu and thus, there is no violation of the fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India.
5. The Detention Order in question was passed on 29.07.2021. The petitioner made a representation dated Nil. Thereafter, remarks were called for by the Government from the Detaining Authority on 25.08.2021. The remarks were duly received on 31.08.2021. Thereafter, the Government considered the matter and passed the order rejecting the petitioner's representation on 20.10.2021.
6. It is the contention of the petitioner that there was a delay of 6 days in submitting the remarks by the Detaining Authority, of which 3 days were Government Holidays and hence, there was a delay of 3 days in submitting the remarks. It is the further contention of the petitioner that the remarks were received on 31.08.2021 and there was a delay of 50 days in
considering the representation by the Hon'ble Minister for Home, Prohibition and Excise Department after the Deputy Secretary dealt with it, of which 18 days were Government Holidays, hence, there was an unexplained delay of 32 days in considering the representation.
7. In Rekha Vs. State of Tamil Nadu [2011 (5) SCC 244], the Hon'ble Supreme Court has held that the procedural safeguards are required to be zealously watched and enforced by the Courts of law and their rigour cannot be allowed to be diluted on the basis of the nature of the alleged activities undertaken by the detenu.
8. In Sumaiya Vs. The Secretary to Government [2007 (2) MWN (Cr.) 145], a Division Bench of this Court has held that the unexplained delay of three days in disposal of the representation made on behalf of the detenu would be sufficient to set aside the order of detention.
9. In Tara Chand Vs. State of Rajasthan and others, reported in [1980 (2) SCC 321], the Hon'ble Supreme Court has held that any inordinate and unexplained delay on the part of the Government in considering the representation renders the very detention illegal.
10. In the subject case, admittedly, there is an inordinate and unexplained delay of 3 days in submitting the remarks by the Detaining Authority and an unexplained delay of 32 days in considering the representation by the Hon'ble Minister for Home, Prohibition and Excise Department. The impugned detention order is, therefore, liable to be quashed.
In the result, the Habeas Corpus Petition is allowed and the order of detention in Memo C.No.36/G/IS/Tiruppur City/2021, dated 29.07.2021, passed by the 2nd respondent is set aside. The detenu Satheesh @ Partha, male, aged 24 years, S/o. Sathasivam, is directed to be released forthwith, unless his detention is required in connection with any other case.
Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar mtl
To
1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Commissioner of Police / Detaining Authority, Tiruppur District, Tiruppur.
3. The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.
4. The Inspector of Police, Thirumuruganpoondi Police Station, Tiruppur District.
5. The Joint Secretary to Government, Public, Law and Order Department, Secretariat, Chennai 600 009.
6. The Public Prosecutor, High Court, Madras.
H.C.P.No.1338 of 2021 NRL(CO) RLP(09/02/2022)